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(영문) 창원지방법원 밀양지원 2013.12.19 2013고단512

하천법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to occupy and use land in a river area that violates the River Act shall obtain permission from the competent authority, as prescribed by Presidential Decree, but the Defendant, in collusion with wife B, installed an illegal temporary structure, such as flat, restaurant, cafeteria, warehouse, and scood, in the river site located in Gyeongyang-si, Gyeongyang-si, in collusion with the competent authority, from November 20, 2012 to July 17, 2013, without permission from the competent authority.

2. The Defendant violated the Food Sanitation Act, in collusion with wife B, did not report to the competent authorities at the time, place, and place specified in paragraph (1), provided 8 tables, cooling houses, kitchen utensils, etc., and prepared and sold to unspecified customers approximately KRW 50,000 per day an average of approximately 50,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Written statements prepared in D;

1. A written accusation;

1. Application of statutes on site photographs;

1. Relevant Articles 95 subparagraph 5 of the River Act and Article 33 (1) 1 of the River Act concerning criminal facts, Article 30 of the Criminal Act, subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act, Article 30 of the Criminal Act concerning business of food service not reported), and selection of imprisonment for each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;